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martinvisalaw
09-09 09:57 PM
I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?
The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.
2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision
3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.
4) Are there any chances of getting rejected at this stage.
There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?
The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.
2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision
3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.
4) Are there any chances of getting rejected at this stage.
There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.
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blake
03-06 11:29 PM
Hi everyone!
On May 29, 2009, I filed a Form I-485 to get my wife's (from Japan) green-card. On August 11, 2009 it was denied because I had "failed to submit all tax documentation". On August 25, 2009 I filed a Form I-290B which is a motion to reopen and reconsider my case. I included all the additional tax information which they asked for so that I my I-485 would be complete. Finally, today March 6, 2010 I received a notice in the mail saying that my I-290B Form was denied simply because accidentally signed one area of the form where my wife should have signed. What am I supposed to do from here? I had a lot of people recommend that I contact my Commissioner... does he have any power to help me with that? Any help would be appreciated!!
On May 29, 2009, I filed a Form I-485 to get my wife's (from Japan) green-card. On August 11, 2009 it was denied because I had "failed to submit all tax documentation". On August 25, 2009 I filed a Form I-290B which is a motion to reopen and reconsider my case. I included all the additional tax information which they asked for so that I my I-485 would be complete. Finally, today March 6, 2010 I received a notice in the mail saying that my I-290B Form was denied simply because accidentally signed one area of the form where my wife should have signed. What am I supposed to do from here? I had a lot of people recommend that I contact my Commissioner... does he have any power to help me with that? Any help would be appreciated!!
alterego
07-06 04:35 PM
I think it means if you sent in your application then you can get a receipt by the date listed.
Atleast thats the interpretation I got from it.
Atleast thats the interpretation I got from it.
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dog123
01-11 03:50 PM
Hi,
My Priority date is May 02 2007.
I file 485 and 140 in August.
My Grandfather is a US citizen. He filed immigration petition for my Dad in 1996 and I was part of it. Before priority date become current I was age out.
Can I port my Earlier(Family Base) PD to new application(Employment Base) ?
Thank you,
Rashesh
My Priority date is May 02 2007.
I file 485 and 140 in August.
My Grandfather is a US citizen. He filed immigration petition for my Dad in 1996 and I was part of it. Before priority date become current I was age out.
Can I port my Earlier(Family Base) PD to new application(Employment Base) ?
Thank you,
Rashesh
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Appu
09-16 12:38 PM
There's a very good post here:
http://www.dailykos.com/story/2006/8/29/1091/84205
Everyone on this forum should go read it and comment on it.
http://www.dailykos.com/story/2006/8/29/1091/84205
Everyone on this forum should go read it and comment on it.
lj_rr
07-08 06:23 PM
So how do we got about claiming these using the codes mentioned.What is the procedure?
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jaggubhai
08-12 10:35 PM
1. Did you also enter on H1b and then switched using EAD?
---When i filed the EAD renewal i was still on H1B. Just filed EAD as a backup.
2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?
---Yes. I have I-485 Pending on Current Status
---When i filed the EAD renewal i was still on H1B. Just filed EAD as a backup.
2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?
---Yes. I have I-485 Pending on Current Status
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microsai
04-16 05:17 PM
Has anybody recently done their stamping in Canada?
I would like to check if I can go there for renewing my visa
I would like to check if I can go there for renewing my visa
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samcam
10-27 05:00 PM
Could you share information about your attorney?
I paid $350 to my attorney. However there is no filing fee.
I paid $350 to my attorney. However there is no filing fee.
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wandmaker
09-11 03:49 PM
On August 5th, My Online status got updated: Approval Notice sent
On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.
On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.
All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?
Online status now-a-days is unreliable. Denial notice is the source of truth, but call USCIS to confirm what is undelivered, if it is the approval notice then last action take precedence.
On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.
On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.
All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?
Online status now-a-days is unreliable. Denial notice is the source of truth, but call USCIS to confirm what is undelivered, if it is the approval notice then last action take precedence.
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Vikas_088
03-08 02:37 AM
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h1techSlave
04-04 09:19 PM
I guess, you can only be with out a job for 180 days while in EAD.
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frostrated
08-05 09:38 AM
you can work in your field of education for any company. however, they have to file for a transfer of H1 for you to continue working beyond the expiry of OPT.
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sunny1000
09-13 02:23 AM
Great Work Lady and gentlemen!
Here is an inspirational song by Mavis Staples to go with it. The song and the video are moving. But, some might find the video graphic so, please use discretion.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
Here is an inspirational song by Mavis Staples to go with it. The song and the video are moving. But, some might find the video graphic so, please use discretion.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
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jonty_11
05-13 05:16 PM
Hi,
My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.
Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?
Whats the right way of handling this?
My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.
Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?
Whats the right way of handling this?
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leoindiano
02-04 02:32 PM
Congrats,
contact your lawyer... We are talking about your entry into US. Also, pls. delete other 2 duplicate threads.
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acecupid
06-12 04:10 PM
You are currently not eligible for I-140 premium processing. However, I-140 premium processing will soon be available to everyone by end of summer. This information is from recent AILA convention with USCIS and DOS officials as quoted in murty bulletin
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npk1255
10-04 10:55 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
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maverick80
02-11 06:40 AM
I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
chandrajp
07-20 02:18 PM
Can I take up a managerial position even though I am an analyst on the LC/I-140 etc.....??????????
You cannot take a completely different responsibility job. I used AC21. The job has to have same responsiblities and designation can change. Salary can be little higher. I got 485 approved based on this AC21
You cannot take a completely different responsibility job. I used AC21. The job has to have same responsiblities and designation can change. Salary can be little higher. I got 485 approved based on this AC21
satishku_2000
06-04 08:26 PM
I got the same kind of RFE , but the wage paid to me is much more than the proferred wage all along . But USCIS wants my company to prove that they have the ability to pay all the pending 140s .. Do you guys think I am Safe?
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